Modification of Child and Spousal Support
Modification of Support and Custody Orders
What to Do When a Family Court Order No Longer Works
Spousal support/alimony orders, child support orders and child custody orders often become obsolete by the passage of time. What made sense during your divorce or other family law proceeding may be impossible today. In this difficult economy, more and more parents and divorced spouses ask the court for modifications of their support and custody orders.
Under New Jersey law, it is possible to modify a family court order if circumstances have changed significantly. However, New Jersey law also acknowledges that the orders sometimes need some teeth to assure compliance. If you need a New Jersey family lawyer’s advice about the enforcement or modification of a child custody or support order, or if you face serious penalties for defaulting on alimony or child support obligations, contact the Law Offices of Gary J. Natale, in West Orange.
Have Your Circumstances Changed?
A divorced parent must show a substantial change in circumstances in order to modify his or her alimony order, child support order or any other continuing obligation following a divorce. In Lepis v. Lepis, 83 N.J. 139, the New Jersey Supreme Court listed several factors which other courts should consider when deciding whether or not there has been a “change of circumstances.” These factors include:
- Cost of living increases
- Job loss or job gain
- Increase or decrease in income
- Illness, disability or infirmity
- Loss of house/apartment
- Change in child’s primary household
We Can Handle Either Side of a Proposed Modification in Essex County
If you’re the one who needs the adjustment, we can advise you whether your change in circumstances is substantial enough to justify the trouble of seeking the modified child support, spousal support/alimony or child custody order. If the modification is proposed at your expense, we can help you oppose the motion or limit its effects, depending on the facts of your case.
Either way, we’ll work closely with you to make sure that your interests are fully protected both in negotiations and in court.